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Administrative Rule-Making
Rule-making is the function of administrative agencies to promulgate rules and regulations to carry out the general provisions of a law into effect. It may also be referred to as subordinate legislation. The legislature has found it necessary to delegate and entrust rule making to the administrative agencies due to the rapid increase of specialized activities and their attendant peculiar problems. The authority to prescribe administrative/implementing rules and regulations is somewhat legislative in nature, but their adoption is purely an executive function. The types of implementing rules and regulations are: *[[Interpretative|'Interpretative']] - designed to provide explanations and guidelines to the law which the administrative agency is in charge of implementing. *[[Legislative|'Legislative']] - designed to provide the details in the implementation of the law. **Supplementary - to specify the details. **Contingent - to make adequate adjustments upon the happening of unforeseen events. A legislative rule is legally binding and have statutory force since they have been written in a statute itself. On the other hand, an interpretative rule or ruling is legally binding but does not have statutory force. Instead, such rules and regulations have the presumption of constitutionality and legality until set aside with finality in an appropriate case by a competent court. The issuance or promulgation of implementing rules and regulations by an administrative agency is conferred by its Charter and by the law itself. It is hence necessary for such rules and regulations to be read in harmony with the law and not in violation of the authority conferred on the agency. The general requisites for the validity of implementing rules and regulations are: *issuance under the authority of law. *adherence to the scope and purview of the law. **they must conform with the standards set by law. **they must be significantly relevant to the objectives and purpose of the law. **they must not restrict, expand, diminish, supplant or modify the law. *reasonable and fair adaptation; not arbitrary and capricious. *promulgation in accordance with the procedures: **they must be subject to the publication and effectivity rules of the Administrative Code. **there must be an adjudication in case of controversy. The additional requisites for the inclusion of criminal/penal sanctions: * the law itself must declare that the violation of rules and regulations as punishable. Only the legislature can declare what shall constitute a crime and its sanctions. * the law should define or fix the penalty for the violation. * the official publication be made before such sanctions take effect. An administrative agency shall publish or circulate notices of proposed rules and regulations as well as provide an opportunity to interested parties to submit their views regarding the adoption of any rule. The promulgation of implementing rules and regulations may be interrupted or set aside by the judicial department if there is an error of law, a grave abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment. The implementing rules and regulations are also subject to amendment or repeal by the agencies that promulgated them, or by the legislature. Category:Administrative Law Category:Functions of Administrative Agency